Case law
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Ploughe v. Secretary of Health and Human Services
United States Court of Federal Claims · May 19, 2020
furnished by that party; (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Her health history now noted (for the first time) that S.P. had previously experienced immunization reactions. Jd. at 21.
Cited 0 timesUnpublishedDominion Resources, Inc. v. United States
84 Fed. Cl. 259 · United States Court of Federal Claims · Oct 15, 2008
If “a reasonable probability of damages can be clearly established, uncertainty as to the amount will not preclude recovery.” Glendale Fed. Bank, FSB v. United States, 378 F.3d 1308, 1313 (Fed. … Once these procedures have been established, workers must be trained and qualified to perform them.
Cited 17 timesPublished41 Fed. Cl. 674 · United States Court of Federal Claims · Aug 27, 1998
Thus, regardless of plaintiffs’ portrayal of the actions that gave rise to the erosion, the nature of the alleged invasion by the Government is such that, if established, would clearly constitute a taking. … They contend, first, that the process of establishing bank locations and crossing dates from aerial photography is subject to the possibility of significant error — error too substantial to permit the establishment of a date
Vacated on other grounds by Boling v. United States, 220 F.3d 1365 (2000)Cited 8 timesPublishedUnited States Court of Federal Claims · Aug 13, 2020
And while he initialed a line stating that he was making the decision after consultation with counsel, he crossed out the next sentence, which stated “I am satisfied with my counsel in all respects and consider my counsel qualified … While the Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v.
Cited 0 timesPublishedPeka v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 2, 2024
In physical exams, Petitioner was noted to have warmth and redness at the site of the injection, indicating an immune 6 response. Id. at 77. Further, Dr. … In the “positive” column, Petitioner clearly has established 48-hour onset—in medical records from visits to treaters that occurred in the same month as vaccination, he complained of immediate pain; he never wavered in subsequent
Cited 0 timesUnpublishedSafeguard Base Operations, LLC v. United States
United States Court of Federal Claims · Aug 12, 2019
Offeror should not assume that they will be contacted or afforded an opportunity to qualify, discuss, or revise their proposals. (capitalization in original). … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).
Cited 0 timesPublishedGopichand v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 6, 2015
On January 15, 2015, petitioners filed a Notice stating that “petitioners are unable to obtain a witness who can reasonably expect to qualify as an expert under the Althen standards.” … C.K.G. had a history of generalized tonic-clonic status epilepticus, the first episode occurring in June 2006, the second episode in “September3” 2010 after an immunization, and the third episode (a complex partial seizure
Cited 0 timesUnpublishedElectronic Data System, LLC v. United States
93 Fed. Cl. 416 · United States Court of Federal Claims · May 13, 2010
The RFP clearly indicated that the agency would evaluate an offeror’s "probability of success” in meeting the SLAs, and established a system of incentives and disincentives to encourage compliance with the SLAs during performance … Indus., 87-2 C.P.D. ¶ 548 (1987); Keco Indus., Inc., 84-2 C.P.D. ¶491 (1984); see also Data Gen., 78 F.3d at 1565 ("We know of no principle or precedent ... that requires or even suggests disqualifying an otherwise qualified
Cited 22 timesPublished93 Fed. Cl. 172 · United States Court of Federal Claims · Jun 11, 2010
established or, conversely, are in doubt. 18 See also 10A Wright, Miller & Kane, supra, at §§ 2681, 2685; Morris v. … On the one hand, liability on the counterclaim has already been firmly established for all the plaintiffs.
Cited 21 timesPublishedAmerican Contractors Indemnity Co. v. United States
81 Fed. Cl. 682 · United States Court of Federal Claims · Apr 29, 2008
It maintains that this program “is intended to allow such smaller (and often newer) enterprises to obtain bonds so that they can compete with more established companies.” Id. at 8 . … The facts, as alleged, clearly show that plaintiff has failed to do so.
Cited 5 timesPublishedNational Energy Security Operations, LLC v. United States
United States Court of Federal Claims · Nov 24, 2025
Finally, the Agency would gauge the offeror’s “ability to obtain, retain, and maintain adequate numbers of qualified personnel to safely, and effectively, perform all elements of the PWS.” AR 730. … In Gemini, the court found prejudicial error where the Army failed to properly establish a competitive range in violation of FAR 15.306(c)(1). Id. at 468.
Cited 0 timesPublishedWalker v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 10, 2026
While the “other condition or abnormality” at issue must qualify as an explanation for the petitioner’s symptoms, it “need not be a better or more likely explanation.” French v. … Conclusion Petitioner clearly suffered and she does have my sympathy.
Cited 0 timesUnpublishedErxleben v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 12, 2017
Kraus obtained a qualified expert's opinion that did not support her claim. Mr. … Erxleben's condition is not immune-related and there have been no reports associating this condition with vaccinations. Petitioner expressed a desire to attempt to locate an expert on her own. At my request, Mr.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Feb 10, 2025
The medical advisor opined “that a long overdue referral of this case to the [DES] is clearly warranted.” Id. The ABCMR concluded that Mr. … The plaintiff bears “the burden of establishing jurisdiction, including jurisdictional timeliness . . . .” Alder Terrace, Inc. v. United States, 161 F.3d 1372, 1377 (Fed. Cir. 1998).
Cited 0 timesPublishedLemieux v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 12, 2024
Petitioner is alleging that as a result of receiving the influenza vaccine on October 11, 2016 he developed immune thrombocytopenia. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because … The petitioner “bea[rs] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson, 24 Cl. Ct. at 484.
Cited 0 timesUnpublished29 Fed. Cl. 533 · United States Court of Federal Claims · Sep 30, 1993
Clearly he had access to plaintiff’s pallet. Plaintiff introduced evidence of shipments to WolPac of samples of their pallets. … The evidence, viewed as a whole, does not support a conclusion that Penda’s royalty should be that low. 14- “The opinion testimony of qualified experts.” Mr.
Cited 11 timesPublishedHandley v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 28, 2024
She states that she had a reaction from her tetanus shot, and woke up from the pain the night after she got her immunization. She had pain for two days after the injection.” Ex. 4 at 79. … Petitioner has therefore failed to establish this QAI criterion. 4.
Cited 0 timesUnpublishedWhelan v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 6, 2019
He explained that this is the case because B- and T-cell responses peak ten to fourteen days after immunization. Id. at 13. … In his view, however, the record establishes that Petitioner’s DM symptoms did not begin until December of 2013, when she first experienced “musculoskeletal symptoms,” more than eight weeks after immunization, making vaccine
Cited 0 timesUnpublishedMiles v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 23, 2018
The authors state that nephrotic syndrome is “clearly not a single disease.” Id. … Despite this, neither their target cell nor the mechanism of action in nephrotic syndrome is clearly known. . . .
Cited 0 timesUnpublishedArseneault v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 14, 2023
Soloway’s last hourly rate was established based upon a case decided in 2017, at which time he was awarded $350 per hour for that year. See Pinckard v. Sec’y of Health & Human. … See ECF No. 68-6 at 2. 5 express waiver of sovereign immunity from an award of interest.’” Raymo v. Sec’y of Health & Human. Servs., 129 Fed.
Cited 0 timesUnpublished
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